John Holland Pty Ltd is the principal contractor for major construction projects to increase the capacity of the Abbot Point Coal terminal owned by the Ports Corporation of Queensland at Bowen on the central Queensland coast.
On 5 March 2009 John Holland applied to the Court for a declaration in relation to the proper application of union greenfields agreements with the AWU which apply at the Abbot Point Coal Terminal Expansion project. John Holland’s position regarded all work performed by its employees at the Abbot Point site as covered by its greenfields agreements with the AWU.
The CFMEU, CEPU and AMWU (the three unions) sought to enter the Abbot Point site to hold discussion with employees. The company sought interlocutory injunctive relief restraining representatives of those three unions from seeking to enter the project site.
Following a hearing on 6 March 2009 Greenwood J made an interim order that until further order, the three unions be restrained from entering the Abbot Point site under s. 760 of the Workplace Relations Act 1996 for the purpose of holding discussions with John Holland’s employees.
On 11 March 2009, the three unions issued a statement of claim in the court seeking declaratory orders, the imposition of penalties and injunctive relief in respect of conduct by John Holland and Stephen Sasse. The court agreed to have the unions’ application joined with the John Holland application. His Honour rejected an application by the three unions to amend his order of 6 March 2009 that would have allowed entry by officials to the Abbot Point site. Following hearings on 23 and 24 April 2009 Greenwood J handed down his decision on 24 July 2009.
Greenwood J found in favour of the John Holland's application and made declarations to the effect that the agreement with the AWU exhaustively covered the work at the project and was not binding on the three unions and that their bargaining period notices issued in November 2008 were invalid.
In respect of that part of John Holland’s application which sought a permanent injunction to restrain the three unions from engaging in any industrial action at or in connection with the operation of John Holland at the Abbot Point site until further notice, His Honour ordered that the matter be re-listed for formal hearing. He invited the parties to prepare submissions on what relief ought to be made in the circumstances, especially in light of the fact that the behaviour predated the introduction of the Fair Work Act 2009.
Greenwood J found that the acts of entry by permit holders from the three unions amounted to a contravention of the Workplace Relations Act 1996, s.767(1) (hindrance and obstruction) and also s.768(1) (misrepresentation). In a further decision on 13 August 2009, Greenwood J imposed a total of $94,200 in penalties ($40,100 on the CFMEU, $39,100 on the AMWU and $15,000 on the CEPU) to be payable to John Holland. There was no order as to costs in either proceeding.
John Holland and the unions also agreed that the interim order made by His Honour on 6 March 2009 should no longer remain in force.
On 3 September 2009 the CFMEU, CEPU and AMWU filed a notice of appeal against the whole of the decision of Greenwood J of 13 August 2009 and his earlier decision of 24 July 2009. Following a hearing on 24 February 2010 the Full Court reserved its decision which it handed down on 16 July 2010. By a majority of 2 to 1, the Full Court upheld the appeal and set aside the penalties imposed by Greenwood J, and remitted certain matters for Greenwood J to address. A directions hearing took place on 29 July 2010.
On 8 July 2011 the application was dismissed.